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201203748 assigns of Grantor, and shall inure to the benefit of the Beneficiary, its successors and assigns, and shall constitute covenants running with the Land. All references in this Deed of Trust to Grantor shall be deemed to include all such heirs, devisees, representatives, successors and assigns of Grantor. Section 6.19 Modification or Termination. The Credit Documents may only be modified or terminated by a written instrument or instruments intended for that purpose and executed by the party against which enforcement of the modification or termination is asserted. Any alleged modification or termination which is not so documented shall not be effective as to any party. Section 6.20 No Partnership, etc. The relationship between Beneficiary and Grantor is solely that of Beneficiary and Grantor. Beneficiary has no fiduciary or other special relationship with Grantor. Nothing contained in the Credit Documents is intended to create any partnership, joint venture, association or special relationship between Grantor and Beneficiary or in any way make Beneficiary a co -principal with Grantor with reference to the Mortgaged Property. All agreed contractual duties between or among Beneficiary and Grantor are set forth herein and in the other Credit Documents and any additional implied covenants or duties are hereby disclaimed. Any inferences to the contrary of any of the foregoing are hereby expressly negated. Section 6.21 Power of Attorney. Grantor hereby appoints Beneficiary as its attorney- in-fact and upon any default hereunder authorizes Beneficiary to endorse Grantor's name on all instruments and other documents pertaining to the Obligations. In addition, Beneficiary shall be, entitled, but not required, to perform any action or execute any document required to be taken or executed by Grantor under this Deed of Trust. Beneficiary's performance of such action or execution of such documents shall not relieve Grantor from any Obligation or cure any default under this Deed of Trust. The powers of attorney described in this action are coupled with an interest and are irrevocable. Section 6.22 Collection Costs. If Beneficiary hires an attorney to assist in collecting any amount due or enforcing any right or remedy under this Deed of Trust, Grantor agrees to pay Beneficiary's reasonable attorney fees and collection costs, including, but not limited to, costs incurred for copying, title reports, surveys, title abstract and all other costs incurred by Beneficiary in collecting the debt. Section 6.23 Partial Release. Beneficiary directly (and without joinder of Trustee) or the Trustee upon written direction from the Beneficiary may release its interest in a portion of the Mortgaged Property by executing and recording one or more partial releases without affecting its interest in the remaining portion of the Mortgaged Property. Section 6.24 Applicable Law. THE LAWS OF THE STATE OF NEBRASKA (EXCLUSIVE OF ITS CONFLICT OF LAW PRINCIPLES) SHALL GOVERN THE VALIDITY, ENFORCEABILITY, INTERPRETATION AND CONSTRUCTION OF ALL OF THE PROVISIONS OF THE LOAN AGREEMENT AND THE OTHER CREDIT DOCUMENTS AND ALL ISSUES HEREUNDER AND THEREUNDER, INCLUDING (WITHOUT LIMITATION) THE DETERMINATION OF THE MAXIMUM LAWFUL RATE Bolton Farm - Loan 195618 Page 28 of 31 JM MDAI 1095245 v1 0-0 05/03/2012